Injured in a Slip and Fall? The Property Owner May Be Liable.

New York property owners must keep their premises reasonably safe. When they fail — an unmarked wet floor, a cracked sidewalk, a dark stairwell — and someone is hurt, that is negligence. Our attorneys represent injured people throughout Westchester County, holding property owners and their insurers accountable.

What Makes a Slip and Fall Case Valid Under New York Law

Not every fall on someone else's property gives rise to a legal claim, and property owners know this. Their insurers will look for any reason to deny or minimize your recovery. For a premises-liability claim to succeed in New York, the injured person generally must show that a hazardous condition existed, that the property owner knew or should have known about it, and that the owner failed to correct it or provide adequate warning before the injury occurred.

 

The "knew or should have known" element is where most disputes arise. A spill that happened seconds before you fell is different from a broken handrail that maintenance logs show was reported three months earlier. Our attorneys investigate the timeline, the property's maintenance history, and the specific nature of the hazard to build a factual record that supports your claim.

Common Unsafe Property Conditions That Lead to Serious Injuries

Slip and fall injuries happen in a wide range of settings, from grocery stores and apartment buildings to parking lots and construction sites. The conditions that cause them are often preventable and often documented — if you know where to look.

 

Conditions our firm regularly handles include:

 

  • Wet or recently mopped floors without warning signs
  • Uneven pavement, broken sidewalks, or crumbling curbs
  • Ice and snow accumulation on walkways that owners failed to clear within a reasonable time
  • Defective or missing handrails on stairs and ramps
  • Poor lighting in stairwells, parking garages, and building common areas
  • Torn or buckled carpeting and flooring
  • Unmarked elevation changes or hazards in retail and commercial spaces

 

Each of these conditions points to a property owner who had an obligation and did not meet it. That obligation is the foundation of your claim.

How New York's Premises Liability Rules Affect Your Case

New York follows a comparative negligence standard, which means that even if you are found partially at fault for your fall — perhaps because you were looking at your phone or wearing inappropriate footwear — you can still recover compensation. Your recovery is reduced by your percentage of fault, but it is not eliminated.

 

Property owners and their insurers frequently try to shift blame onto the injured person as a negotiating tactic. They will argue you should have seen the hazard, that you were not paying attention, or that the condition was obvious. Our attorneys anticipate these arguments and build cases designed to counter them with evidence, witness accounts, and documentation of the property's condition at the time of the incident.

What Compensation May Be Available After a Slip and Fall

Medical Expenses

Slip and fall injuries can be more serious than they first appear. Fractures, spinal injuries, traumatic brain injuries, and torn ligaments are common outcomes of hard falls on unforgiving surfaces. Compensation in a successful premises-liability claim can include the full cost of your medical treatment — emergency care, surgery, physical therapy, and any future care your injuries require.

Lost Income and Earning Capacity

If your injuries kept you out of work — or have permanently limited your ability to perform your job — those losses are recoverable. We document your income history and work with medical and vocational experts when necessary to quantify the impact your injuries have had on your livelihood.

Pain and Suffering

New York law allows injured people to recover for the physical pain and emotional distress caused by their injuries, not just the out-of-pocket costs. These non-economic damages are often the most significant component of a slip and fall settlement or verdict, and they require careful development to present effectively.

Wrongful Death

When a fall results in a fatality, surviving family members may have a wrongful death claim against the responsible property owner. These cases carry their own procedural requirements and timelines, and we handle them with the seriousness and care they demand.

Frequently Asked Questions About Slip and Fall Claims in New York

  • How long do I have to file a slip and fall lawsuit in New York?

    In most premises-liability cases, New York's statute of limitations gives you three years from the date of the injury to file a lawsuit. If the property involved is owned by a municipality or government entity, the deadline is much shorter — you may need to file a notice of claim within 90 days. Do not assume you have time to wait. Consult an attorney as soon as possible after your injury.

  • Do I need to have seen a doctor right away for my claim to hold up?

    Seeking medical attention promptly is one of the most important things you can do after a slip and fall, both for your health and your case. Gaps in medical treatment give insurers room to argue that your injuries were not serious or were caused by something other than the fall. If you delayed care for any reason, an attorney can help you address that issue in how your claim is presented.

  • What if the property owner says they didn't know about the hazard?

    Property owners are not only responsible for conditions they knew about — they are also responsible for conditions they should have known about through reasonable inspection and maintenance. If a hazardous condition existed long enough that a responsible owner would have discovered and corrected it, that is sufficient to establish liability in most cases.

  • Can I still recover if I was partially at fault for my fall?

    Yes. New York's comparative negligence rule allows you to recover even if you share some responsibility for the accident. Your compensation is reduced in proportion to your assigned fault, but you are not barred from recovery unless a court finds you entirely responsible — which is rare in premises-liability cases with clear property defects.

  • What should I do immediately after a slip and fall on someone else's property?

    Report the incident to the property owner or manager and request that a written report be made. Photograph the hazardous condition, the surrounding area, and your injuries before anything is changed or cleaned up. Collect contact information from any witnesses. Seek medical attention the same day. And contact a slip and fall attorney before giving any recorded statement to the property owner's insurer.